SENATE BILL REPORT

ESSB 5729

BYSenate Committee on Ways & Means (originally sponsored by Senators McDonald, Warnke, Anderson and Hayner; by request of Department of Labor and Industries)

Revising provisions for crime victims' compensation.

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):February 23, 1989; March 1, 1989

Majority Report:  Do pass as amended and be referred to Committee on Ways & Means.

      Signed by Senators Lee, Chairman; Anderson, Vice Chairman; McDonald, Matson, Saling, Smitherman, West.

Senate Staff:Patrick Woods (786-7430)

                  March 1, 1989

Senate Committee on Ways & Means

Senate Hearing Date(s):March 20, 1989; March 21, 1989

Majority Report:  That Substitute Senate Bill No. 5729 be substituted therefor, and the substitute bill do pass.

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Amondson, Bailey, Bluechel, Cantu, Hayner, Johnson, Lee, Matson, Newhouse, Niemi, Saling, Smith, Warnke.

Minority Report:  That it not be substituted.

      Signed by Senators Bauer, Gaspard, Talmadge, Wojahn.

Senate Staff:Lynn French (786-7715)

                  April 7, 1989

AS PASSED SENATE, APRIL 5, 1989

BACKGROUND:

The crime victims' compensation program was established in 1973 with the legislative intent to provide a method of compensating innocent injured victims of crime.  The program is presently modeled after the workers' compensation statutes and eligible individuals are entitled to similar benefits and services.

The program is funded through an assessment on court fines which are deposited in the public safety and education account.  The moneys in this account are used for a series of programs within state government.  The existing level of funding appropriated from the account to the crime victims' compensation program has not been sufficient to administer its activities and a supplemental budget appropriation has been requested.

SUMMARY:

The entitlement of individuals to receive comprehensive services and benefits under the crime victims' compensation program is removed.  The Department of Labor and Industries is authorized to provide benefits and services within their available funding levels as provided by the Legislature.

The Director of Labor and Industries (L&I) is authorized to impose a $45,000 cap on the payment of hospital, clinic, and medical charges along with all related fees.

A Title XIX (Medicaid) eligible victim is required to exhaust Title XIX benefits through DSHS before receiving benefits under the crime victims' program.  The Director of L&I is authorized to establish rates for medical and health benefits at a level between DSHS rates and industrial insurance rates.

The Senate Ways and Means Committee, in consultation with the House Appropriations Committee and Legislative Transportation Committee, is authorized to conduct a study of the PSEA and crime victims' compensation program.

The supplemental appropriation is subject to an emergency clause.

Appropriation:    $6,591,000

Revenue:    none

Fiscal Note:      requested February 16, 1989

Effective Date:July 1, 1989

Senate Committee - Testified: ECONOMIC DEVELOPMENT & LABOR:  Mike Redman, Washington Association of Prosecuting Attorneys (con); Joe Dear, L&I (pro); Lonnie Johns-Brown and Bev Emery, Washington Coalition of Crime Victim Advocates (con)

Senate Committee - Testified: WAYS & MEANS:  Norm Maleng, King County Prosecuting Attorney; Jenny Eichwald; Raylyn Baird, King County Prosecuting Attorney, VAS Director; Lonnie Johns Brown, Steve Eckstrom, Washington Coalition of Crime Victim Advocates; Frances, Tiki, Merrilynn, victims; Lucy Berliner, Harborview Sexual Assault Center; Mark McDermott, L&I